Rule 69 - Settlement of Claims of or Against Adult Wards(A) An application for settlement of a claim in favor of or against an adult ward shall be brought by the guardian of the estate. Notice of the hearing on the application shall be given to all persons who are interested parties to the proposed settlement, as determined by the court. The court may authorize or direct the guardian of the ward's estate to compromise and settle claims as the court considers to be in the best interest of the ward. The court may dispense with notice of hearing.(B) The application for settlement of an injury claim shall be accompanied by a current statement of an examining physician describing the injuries sustained, the extent of recovery from those injuries, and permanency of any injuries. The application shall state what additional consideration, if any, is being paid to persons other than the ward as a result of the incident causing the injury to the ward. The application shall state what arrangement, if any, has been made with respect to counsel fees. Counsel fees shall be subject to approval by the court.Commentary (October 1, 1997)
This rule is not analogous to former C.P. Sup. R. 37, which has been incorporated in Sup. R. 68.
Sup. R. 69 is basically a new rule as it applies to all claims of incompetent adult wards. The purpose for the amended rule is to provide the court with information necessary to make an informed decision regarding a proposed settlement.
Division (A) provides for the application to settle a claim to be brought by the ward's guardian. Absent a guardianship, the "ward" is competent to settle the claim without court approval. Division (A) further gives the court discretion to require notice to interested parties or to dispense with notice with court approval.
Division (B) is similar to Sup. R. 68(B), which provides the court with adequate information to make an informed decision. Division (C) is similar to the last sentence of Sup. R. 68(B) and requires disclosure to the court and approval of the court of counsel fees in pursuing the adult ward's claim.